California real estate disclosure laws California Real Estate Disclosures | Page 19
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the city or county has received a map of such properties which
includes the seller’s property and has posted at the offices of the
county recorder, county assessor, and county planning agency a
notice that identifies the location of the map and any changes to it.*
(CAL. PUB. RES. § 2694)
* NOTE: If, when looking at the map, a reasonable person cannot tell with
certainty whether the property is in the zone, the seller or seller’s agent must
mark “YES” on the disclosure form, unless there can be attached to the
form an expert’s report, prepared pursuant to Civil Code Section 1102.4(c),
indicating that the property is not located in the zone.
These disclosures must be made on the Natural Hazard Disclosure Statement
(NHDS) or on the Local Option Real Estate Transfer Disclosure Statement
(Local Option Disclosure), if the local jurisdiction has mandated use of a
Local Option Disclosure for the same disclosure purposes and the
information and warnings are substantially the same as on the NHDS.
The seller or his or her agent may elect to use the services of a third party
consultant to complete the NHDS in lieu of completing the NHDS
themselves. The use of a third party consultant does not relieve the seller or
his/her agent from the obligation to deliver NHDS to the buyer.
(CAL CIV. §§ 1103, 1103.1, 1103.2, 1103.3, 1103.4)
The following is the required format for the NHDS:
NATURAL HAZARD DISCLOSURE STATEMENT
This statement applies to the following property:______________________
The transferor and his or her agent(s) or a third-party consultant disclose the
following information with the knowledge that even though this is not a warranty,
prospective transferees may rely on this information in deciding whether and on
what terms to purchase the subject property. Transferor hereby authorizes any
agent(s) representing any principal(s) in this action to provide a copy of this
statement to any person or entity in connection with any actual or anticipated
sale of the property.
The following are representations made by the transferor and his or her agent(s)
based on their knowledge and maps drawn by the state and federal
governments. This information is a disclosure and is not intended to be part of
any contract between the transferee and transferor.
THIS REAL PROPERTY LIES WITHIN THE FOLLOWING HAZARDOUS
AREA(S):
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